N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-48
Notice to persons receiving genetic testing
Operative Text
9. a. A person who requires or requests that genetic testing be done or receives records, results or findings of genetic testing shall provide the person tested with notice that the test was performed and that the records, results or findings were received unless otherwise directed by informed consent pursuant to section 6 of P.L.1996, c.126 (C.10:5-45). The notice shall state that the information may not be disclosed to any person without the written consent of the person tested, unless disclosure is made pursuant to one of the exceptions provided for in section 8 of P.L.1996, c.126 (C. 10:5-47). b. The Commissioner of Health and Senior Services, in consultation with the Commissioner of Banking and Insurance, shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) governing procedures for obtaining informed written consent pursuant to P.L.1996, c.126, except where the procedures for obtaining informed written consent already are governed by national standards for informed consent as designated by the Commissioner of Health and Senior Services by regulation, which may include, but need not be limited to, guidelines from the Office of Protection for Research Risk, the Food and Drug Administration or other appropriate federal agencies. c. The provisions of this section shall not apply to newborn screening requirements established by State or federal law. L.1996,c.126,s.9.
Under N.J.S.A. 10:5-1 et seq. § 10:5-48, any person or entity that orders genetic testing or receives its results must notify the individual who was tested that the test occurred and that results were received. The notice must also inform the tested person that their genetic information cannot be shared with others without their written consent, except under specific statutory exceptions. This rule does not apply to newborn screening programs required by state or federal law, and the Commissioner of Health and Senior Services is charged with issuing regulations on how informed written consent must be obtained.
Plain English — not legal advice.
Although N.J.S.A. 10:5-1 et seq. § 10:5-48 is not a traditional landlord-tenant provision, housing operators who ever require or receive genetic test results in any employment or tenancy screening context would generally be expected to provide written notice to the tested individual and to refrain from disclosing those results without written consent. Compliant operators typically maintain documentation showing that required notices were delivered and that any disclosures fell within a recognized statutory exception. Operators should also be aware that regulations promulgated by the Commissioner of Health and Senior Services govern the procedures for obtaining valid informed written consent under this law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 10:5-1 et seq. § 10:5-48 gives individuals the right to be notified whenever someone orders or receives the results of their genetic testing, and to be informed that those results cannot be shared without their written consent. If a landlord or housing provider has requested or received genetic test results without providing proper notice, that may constitute a violation of New Jersey's Law Against Discrimination framework under which this provision falls. Individuals who believe their rights under this section have been violated may consider contacting the New Jersey Division on Civil Rights or a tenant-rights organization to learn about available complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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